Madras High Court Refers Governor’s Role in Convict Releases to Larger Bench

Quick Summary

• A Division Bench of the Madras High Court, comprising Justices M.S. Ramesh and V. Lakshminarayanan, has referred the issue of the Governor’s obligation too act on advice from the Council of Ministers under Article 161 to a larger Bench for clarity.
• The referral stems from conflicting rulings by two co-equal High Court Division Benches regarding remission and premature release decisions for convicts.
• One decision (october 2024) suggested that the Governor must follow State Cabinet recommendations, as per Article 161.
• Another decision (November 2024) stated that a Governor may exercise discretion if pertinent factors were overlooked or irrationality was evident in Cabinet recommendations.
• The matter further brings into focus rulings by higher courts, including differing interpretations from Constitution benches of five judges in previous cases versus three judges in others.

Indian Opinion Analysis

This legal question touches upon critical Constitutional principles concerning federalism and executive authority. While governors generally act on advice from state cabinets,exceptions involving “discretion” raise important questions about checks and balances between institutional bodies. If resolved definitively by a larger bench, this case will clarify ambiguities surrounding Article 161 and could have broad implications on governance at both state and national levels.It also underscores tensions between judiciary interpretations at various hierarchical levels within India’s legal system.

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